Man admits sexually assaulting young woman
A man who arrived in the Yukon a year ago to put a life of crime behind him is going back Outside to a federal penitentiary.
A man who arrived in the Yukon a year ago to put a life of crime behind him is going back Outside to a federal penitentiary.
Joseph George Desjarlais, 49, pleaded guilty this morning to sexual assaulting a young woman in Pelly Crossing in mid-August of 2003.
In the spring of 2002, he met a Yukon woman in his home province of Alberta at a time when he was trying to turn his life around. Part of his new life involved turning himself into police and clearing up the last of his criminal charges.
Prosecutor Ludovic Gouaillier noted the man's criminal record begins in the early 1970s. He received a seven-year jail sentence in 1984 for sexual assault with a weapon, as well as a two-month term for sex assault in 1992.
Gouaillier pointed out Desjarlais has gone a full year without a criminal conviction only six times since his troubles with the law started. Desjarlais has been convicted for violating parole four times.
After he moved to Pelly Crossing, Desjarlais found work as a janitor and woodcutter. He managed to stay away from the booze that had led him to trouble so many times in the past.
Until last Aug. 15.
On that day, he learned his father had died. Grief-stricken, he turned to alcohol.
For his victim, Aug. 15 was the start of her grief.
Described as distraught, emotional and left in a fragile state after she was attacked, the young woman has been reluctant to testify. She was even pressured by members of her community not to take the stand against her assailant, said Gouaillier.
Both the victim and the RCMP dispute Desjarlais' submission he's a well-liked member of the Pelly Crossing community. The victim is worried for her safety and the safety of her female relatives if the man returns once he's out of jail, as he's said he wants to.
After choking and nearly raping a young woman that afternoon, Desjarlais was arrested by Pelly Crossing RCMP and hasn't been out of jail since.
Yukon Supreme Court Justice Leigh Gower approved the Crown and defence joint suggestion of 30 months in prison. That's in addition to the remand custody Desjarlais has already served.
With the usual double credit for time spent in jail before trial, the man's total sentence is just short of 3 1/2 years.
As well, Desjarlais must provide a DNA sample to the RCMP's national data bank. He is prohibited from owning firearms, ammunition and explosives for the rest of his life.
A routine court order prohibits publishing any information that would identify the victim.
The day she was attacked, the young woman arrived at the Pelly Crossing home she'd agreed to house-sit, thinking it was vacant.
Instead, she found an intoxicated Desjarlais in the home, drinking.
He offered the young woman some alcohol, which she accepted. When she didn't respond to his suggestion they have sex, Desjarlais asked the young woman if she'd know what to do if someone tried to choke her.
He then proceeded to grab her by the throat and demonstrate, the court heard.
Defence counsel Bob Dick suggested Desjarlais had only intended at first to teach the woman about choke-holds, and argued the situation got out of control.
Still choking the woman, Desjarlais pulled her from the living room to the bedroom and threw her on the bed. With one hand still wrapped around her throat, he managed to pull her pants down around her ankles and get his own down as well.
The young woman yelled and fought to get away throughout, but her breathing was hampered from time to time when Desjarlais would put a hand over her mouth as well.
Her perceptions of what was happening to her were hampered by that, said Gouaillier, and she isn't sure if Desjarlais actually managed to rape her.
'She was being choked and she's not sure.'
Whether Desjarlais was able to complete the rape doesn't make much difference to the victim, said Gouaillier.
'The psychological impact on a complainant is there nonetheless.'
The attack ended when the victim's aunt came into the home and heard what she thought was someone trying to holler in the bedroom.
The aunt opened the door to see Desjarlais on top of the victim. Both had their pants down, and both promptly got up and fixed their clothing.
When the aunt confronted Desjarlais, he fled the home. He was arrested later that day wandering around town.
The aunt stayed behind to console her distraught niece.
The young woman was taken to the nursing station in Pelly Crossing, where medical staff noted distinct bruises and scratches on her neck.
Through a victim assistance worker, the young woman told the court today she'd refused to have a sexual assault exam done on her because she wasn't comfortable being examined by the male nurse, who she didn't know.
Gouaillier noted the victim's reluctance to testify. He conceded it is significantly in Desjarlais' favour that he didn't insist the young woman testify at the preliminary hearing in Pelly Crossing.
He prevented the young woman from having to testify and relive the experience again with his guilty plea today as his trial was supposed to start, the court heard.
Defence counsel noted that because the victim has never testified, '(the community) will not see her as the one who put him away.'
The prosecutor noted the young woman has some cognitive difficulties, which would have made it more difficult for her to testify, and more difficult for the Crown to make out its case against Desjarlais.
It was also noted the man's most serious criminal convictions are quite old.
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